A condition in a planning permission that a park pavilion "shall only be used for community purposes ... and for no other purpose (including any other purpose within Classes D1 and D2 [of the schedule to the 1987 Use Classes Order]) ..." was not breached by the use of the pavilion hall for "wraparound" childcare facilities for pupils of an adjoining primary school and as a holiday club for those and other local children.

David Elvin QC, sitting as a Deputy High Court Judge of the Planning Court, so held in dismissing a claim for judicial review brought by Ernesto Pinto against the London Borough of Merton as both landowner and local planning authority.

Applying Trump International Golf Club Scotland Ltd v Scottish Ministers [2016] 1 WLR 85, the Deputy Judge held that the words "community purposes" should be given their natural and ordinary meaning as including a service benefitting the local community. Here, despite its educational content, the clubs were connected to the community. The Deputy Judge accepted the Council's evidence that they "facilitate a community spirit amongst local families and assist working parents enabling them to remain in the area."

As for the Use Classes order, as a matter of interpretation of the permission, this only excluded purposes that were not of a community nature.

The London Borough of Merton has faced a number of legal challenges to its decision to expand the primary school and improve the park facilities all of which have been unsuccessful.